Data Act, Article 13(5): terms presumed unfair (Regulation (EU) 2023/2854, Art 13(5)(a)-(c))
Presumed unfair (rebuttable): inappropriately limiting liability or remedies, extending the other side's liability, and using the other side's data in a way significantly detrimental to it, especially commercially sensitive data.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“inappropriately limit remedies in the case of non-performance of contractual obligations or liability in the case of a breach of those obligations, or extend the liability of the enterprise upon whom the term has been unilaterally imposed; ... access and use the data of the other contracting party in a manner that is significantly detrimental to the legitimate interests”
Where it was read
Also read from the same source
- Data Act, Article 13(1): unfair terms unilaterally imposed on an enterprise (Regulation (EU) 2023/2854, Art 13(1))
- Data Act, Article 13(3) and (4): the general test and the terms that are always unfair (Regulation (EU) 2023/2854, Art 13(3), 13(4)(a)-(b))
- Data Act, Article 13(6): when a term is 'unilaterally imposed', and burden of proof (Regulation (EU) 2023/2854, Art 13(6))
- Data Act, Article 13(7)-(9): severance, price carve-out, no contracting out (Regulation (EU) 2023/2854, Art 13(7), (8), (9))
- Data Act, Article 1(2)(c): material scope of Chapter IV (Regulation (EU) 2023/2854, Art 1(2)(c))
Figures it counts in
It is shown on its own, not counted into a figure.
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